People v. Diaz
51 Cal. 4th 84
Cal.2011Background
- Arrest of Gregory Diaz at ~2:50 p.m. for cocaine sale; a cell phone was on his person.
- Phone was seized at the station and held by police along with other evidence.
- Detective Fazio reviewed the phone’s text folder ~4:23 p.m. and found a message interpreted as drug sale evidence.
- Within minutes after viewing the text, Diaz admitted involvement in the Ecstasy sale.
- Diaz was charged with selling a controlled substance and moved to suppress the phone search; motion denied; he pled guilty to transportation of a controlled substance.
- Court of Appeal affirmed the denial, holding the search was valid as a search incident to a lawful custodial arrest; the Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless search of the phone contents incident to arrest is valid. | Diaz argues search was too remote in time. | People argue phone was immediately associated with Diaz and search is incident to arrest. | Yes; search valid under Robinson/Edwards/Chadwick. |
| Whether a cell phone constitutes items 'immediately associated with the person' for delayed search purposes. | Phone may not be treated like clothing or a small container given its data storage. | Phone is immediately associated with the arrestee and may be searched without a warrant. | Yes; cell phone is immediately associated with the person. |
| Whether contents of the phone can be examined without a warrant when the device is seized. | Contents may be inspected as part of a search incident to arrest. | Contents may be examined without a warrant under the incident-to-arrest doctrine. |
Key Cases Cited
- United States v. Robinson, 414 U.S. 218 (1973) (full search of the arrestee's person permitted incident to arrest; seizure of evidence allowed without warrant)
- United States v. Edwards, 415 U.S. 800 (1974) (searches of clothes or contained items may occur after arrest; delayed searches valid under certain circumstances)
- United States v. Chadwick, 433 U.S. 1 (1977) (delayed searches of luggage/containers; distinction between 'personal property' immediately associated with arrestee vs. general control)
- New York v. Belton, 453 U.S. 454 (1981) (containers within a vehicle can be searched incident to arrest; applicability to arrestee's belongings not dependent on container type)
- United States v. Ross, 456 U.S. 798 (1982) (scope of permissible warrantless searches not determined by container type; broad container rule rejected)